Neosel Family Trust v Neosel
Motion No: 2019-14240
Slip Opinion No: 2020 NY Slip Op 73792(U)
Decided on October 28, 2020
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M273778

E/sl

REINALDO E. RIVERA, J.P.

JEFFREY A. COHEN

SYLVIA O. HINDS-RADIX

ANGELA G. IANNACCI, JJ.

2019-14240

Neosel Family Trust, etc., respondent,

v Martin Neosel, appellant.

(Index No. 700939/2018)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Queens County, dated November 22, 2019. Motion by the appellant to waive the filing fee and all motion filing fees. Motion by the appellant, inter alia, to stay enforcement of the order.

Upon the papers filed in support of the motion to waive the filing fee and all motion filing fees and no papers having been filed in opposition or in relation thereto, and upon the papers filed in support of the motion, inter alia, to stay enforcement of the order and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to waive the motion filing fees is denied as unnecessary as to the motion, inter alia, to waive the filing fee, granted as to the motion, inter alia, to stay enforcement of the order, and otherwise denied; and it is further,

ORDERED that the branch of the motion which is to waive the filing fee is denied; and it is further,

ORDERED that on the Court's own motion, the appellant's time to pay the filing fee and cause the original papers constituting the record on the appeal to be filed in the office of the Clerk of this Court (see 22 NYCRR 1250.9[a][5]) is extended until November 27, 2020; in the event that the appellant does not pay the filing fee and cause the original papers constituting the record on the appeal to be filed in the office of the Clerk of this Court (see 22 NYCRR 1250.9[a][5]) by that date, the appeal will be dismissed, without further notice; and it is further,

ORDERED that on the Court's own motion, the respondent's time to serve and file a brief is extended, on or before December 28, 2020, the respondent shall serve the respondent's brief and upload a digital copy of the respondent's brief, with proof of service thereof, through the digital portal on this Court's website, and the respondent shall file an original and five hard copies of the respondent's brief in accordance with any applicable administrative order or other order to be issued by the Court; and it is further,

ORDERED that the motion, inter alia, to stay enforcement of the order is denied.

RIVERA, J.P., COHEN, HINDS-RADIX and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court